Smt. Rekha Devi vs State Of Uttarakhand & Another
2022 Latest Caselaw 1135 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                Criminal Revision No. 297 of 2021

Smt. Rekha Devi                                   ...Revisionist

                              Vs.
State of Uttarakhand & Another                    ...Respondents



Mr. Yogesh Upadhyay, learned counsel for then revisionist.
Mr. A.K. Shah, learned A.G.A. for the State.
Mr. Naveen Singh Bisht, learned counsel holding brief of Mr.
Kaushal Sah Jagati, learned counsel for respondent no.2/husband.


                                         Dated: 6th April, 2022

Hon'ble N.S. Dhanik, J.

This criminal revision has been preferred by the revisionist challenging the impugned judgment and order dated 30.09.2020 passed by the Judge, Family Court, Kashipur, District Udham Singh Nagar in Case No. 287 of 2019, "Smt. Rekha Devi Bs. Harvendra Singh" whereby the learned Family Court has awarded Rs. 1,000/- per month in favour of the revisionist.

2. Heard learned counsel for the party.

3. Learned counsel for the revisionist submitted that the learned family court has assessed the income of respondent no.2/husband on lesser side as the income of respondent no.2/husband is about Rs.50,000/- per month and the interim maintenance awarded to her is insufficient to maintain herself.

4. After arguing at some length, learned counsel for the revisionist limits his prayer only to the extent that the matter may kindly be remanded back to the lower Court for its expeditious disposal and a direction may be given to the concerned Court to decide the matter in the light of the judgment of Hon'ble Supreme Court in the case of Rajnesh vs. Neha (2021) 2 SCC 234.

5. Considering the submissions advanced by the learned counsel for the parties, the present criminal revision is disposed of with the following directions:

(i) The matter is remanded back to the learned Court below to decide the same in the light of the judgment of the Hon'ble Supreme Court in the case of Rajnesh vs. Neha (2021) 2 SCC 234.

(ii) Till the final disposal of the case by the Court below, the respondent no.2/husband shall pay a sum of Rs. 1,000/- per month regularly to the revisionist before the 10th day of every month and without any break from the date of this order. However the learned Court below shall be at liberty to either reduce or enhance the amount of maintenance after hearing learned counsel for both the parties from such date as the learned Court below deems it fit, in accordance with law.

6. Needless to say that if any application pertaining to the arrears of maintenance is filed before the Court below, the same shall be disposed of on merits, as per law.

7. Let a copy of this judgment be sent to the Court concerned for compliance.

(N.S. Dhanik, J.) 06.04.2022 RV